A man who grabbed his former partner in a headlock has been sentenced to three and a half years in prison.
The 31-year-old man, who cannot be named to order to protect the anonymity of the victim, pleaded guilty to assault, trespassing, obstruction of a police officer, trespassing, and breach of a protection order at an address in Dublin on dates between December 14th 2022, and February 26th 2023.
He has 59 previous convictions, including convictions for theft, criminal damage, public order, breach of an order, and failure to appear.
Passing the sentence on Friday at Dublin Circuit Criminal Court, Judge Martin Nolan said these were “three frightening incidents which involved his former partner”.
Judge Nolan said during the first incident, the man attacked his former partner and “grabbed her by the neck”.
He said the man had a “difficult attitude, and gardaí had to use force and pepper spray” following the first incident.
The judge said the accused returned on two other occasions when he shouldn’t have. He said he had read the letters handed into the court.
Sentencing
He said he took into account the guilty plea even though it was at a late stage and that this defendant is doing well in custody.
Judge Nolan said this man has a long history of offending and sentenced him to a total of three and a half years in prison, backdated to when he went into custody on this matter.
A local garda told John Moher BL, prosecuting, that the defendant and the injured party had been in a relationship and have children together. She said the relationship had broken down in advance of these incidents.
The garda said on December 14th 2022, at 10pm, the injured party was in bed and heard banging outside. She looked out and saw the defendant, who shouted at her, “You shouldn’t be fucking asleep at this time”.
The man continued to kick and bang at the door.
The court heard that the woman was terrified and shouted for help. The man then burst through the door and came directly for her.
The woman ducked and ran out the door and again shouted for help. The man grabbed her in a headlock and dragged her back into the house, where she fell to the ground.
The woman covered her head with her hands and saw the blue lights of a garda car approaching. The man ran and hid in the kitchen, and the woman let the gardaí into the house.
Arrests
The man got aggressive toward gardaí, and had to be restrained with gardaí using pepper spray. He was arrested, charged and later released on bail. A protection order was also granted.
On January 19th 2023, a social care worker carried out a planned visit to the woman’s home.
The social care worker was surprised that the defendant opened the door due to the protection order in place. He told the social care worker he was just here to collect his jacket.
The court heard the injured party arrived back at her home after collecting her children from school. She told the man to “F**k off.” He said he had waited at the end of the road for her to leave so he could collect his jacket. Gardaí were alerted, and he was charged.
The third and final incident occurred on February 26th 2023. The woman was at home when she heard her back gate rattling. She looked out and saw the defendant.
He came in the back door and headbutted the wall. The man began to shout abuse and woke the children. The woman ran to a neighbour’s house for help.
Gardaí arrived at the scene and found the man in a highly aggressive and intoxicated state. Additional gardai arrived, including members of the armed support unit. The man was arrested and detained.
A victim impact statement was handed into the court but not read aloud.
Defence counsel handed documents to the court, which included a governor’s report, which stated that the defendant is an enhanced prisoner and is working in the kitchens within the prison.
Counsel said his client has now served nearly a year in custody in this case, and he has used his time well.
He said, “When he is out, it is my opinion that he will be a productive member of society”.
He asked the court to take into account the guilty pleas and asked the court to give his client a chance.
